Attorney General, Parties Ordered to Respond On Political Posts

Nairobi Star (Nairobi)

Mathews Ndanyi

28 July 2011

The High Court in Eldoret yesterday ordered the Attorney General and Registrar of Political Parties to response to a suit that seeks to have government officials relinquish positions they hold in political parties. The case, filed by the International Centre for Policy and Conflict (ICPC) before Justice Festus Azangalala also wants ministers quit their party posts to comply with the constitution. ICPC has sued the Attorney General and Registrar of Political Parties for contravening the new constitution.

The ICPC says in its suit that by allowing government officials to hold on their positions in political parties is contrary to the principles of leadership and integrity as per Article 77 (2) of the new constitution. The group is seeking orders to compel the registrar of political parties to begin de-registering political parties, which contravene the new constitution by allowing their officials to serve as appointed state officials.

Executive Director of the ICPC Ndungu Wainaina has sworn an affidavit indicating that state officials holding positions in political parties are misleading the public and perpetrating impunity.

Wainaina cited Justice Constitutional and Affairs Minister Mutula Kilonzo as one of the those contravening the new Constitution and the Political Parties Act instead of helping to ensure workability of the constittution.

ICPC argues through its lawyer, Erick Komolo, said officials including Kilonzo had continued to deliberately and selfishly mislead the public by innumerably indicating that Section 77 (2) of the constitution will be effective after the next general elections. “The people of Kenya desired a fresh start in the way public affairs are run and this also include political parties in the best of interest of the country”, said Ndungu.

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